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Eaton v. Commonwealth9/21/1990
[240 Va Page 239] JUSTICE RUSSELL delivered the opinion of the Court.
On appeal, we review the capital murder conviction and death sentence imposed upon Dennis Wayne Eaton for the murder of Virginia State Master Trooper Jerry L. Hines.
I. PROCEEDINGS
On May 1, 1989, Eaton was indicted by a Rockbridge County grand jury for capital murder under former Code § 18.2-31(f), now Code § 18.2-31(6), and for the use of a firearm in the commission of a felony under Code § 18.2-53.1. On Eaton's motion, the venue was changed to Fauquier County. At the conclusion of the first stage of a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, the jury convicted Eaton of both offenses. The jury fixed his punishment at imprisonment for two years on the firearm conviction. At the penalty phase of the trial, after hearing evidence in aggravation and mitigation, the jury fixed Eaton's punishment at death for capital murder, based upon his "future dangerousness." After reviewing the post-sentence report, the trial court, on January 10, 1990, entered final judgments confirming the two convictions and imposing the penalties fixed by the jury.
We have consolidated the automatic review of Eaton's death penalty with his appeal of the capital murder conviction in Record No. 900238, Code §§ 17-110.1(A) and -110.1(F), and have given them priority on the docket, Code § 17-110.2. We have also certified from the Court of Appeals of Virginia Eaton's appeal of his firearm conviction, Record No. 900239, and have consolidated the two records for our consideration.
II. THE EVIDENCE
Pursuant to established principles of appellate review, we will view the evidence in the light most favorable to the Commonwealth. On February 20, 1989, while under the influence of drugs and alcohol, Eaton shot and killed Walter Custer, Jr., in an orchard near the mobile home they shared in Shenandoah County. Later that day, Eaton went to the Shenandoah County home of Ripley Marston, a friend and neighbor. Eaton shot, killed, and robbed his friend, taking Marston's wallet, containing $15, and
Marston's 1981 Ford Fairmont automobile. Eaton then returned to his mobile home where he joined his girlfriend, Judy Ann McDonald, who also resided there. The pair decided to flee Shenandoah County in order to avoid Eaton's scheduled court appearance the following week on unrelated burglary and larceny charges; Eaton "didn't want to go to jail." They drove south on Interstate Highway 81.
Approximately 11:30 p.m. that evening, Virginia State Master Trooper Jerry L. Hines, who was patrolling Interstate 81 in Rockbridge County, caused the Ford to stop. Judy was operating the vehicle, and Hines, who suspected her of driving while intoxicated, called his dispatcher for a radio check on her operator's license. Soon thereafter, Hines asked for a "signal 25," which enabled all state troopers in his vicinity to receive his radio transmissions. In this transmission, Hines was heard saying, "hold still there, hold still there just a minute." In the background, a woman's voice could be heard. Virginia State Trooper Allen K. Golleher, Jr., was just minutes away when he heard Hines request assistance because "he was having a problem with a drunken driver."
Charles W. Dees, an interstate truck driver, was driving south on Interstate 81 while Hines was in the process of arresting Judy. He "observed a man and a woman and the Trooper all s
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